Pesticide Reporting Requirements Region Oregon Required to Report Yes What to Report Any Pesticide-Related Exposure State Office Department of Human Services, Pesticide Exposure Safety and Tracking Program Phone 1 971-673-0977 Timeframe to Report Injury or Exposure 24 Hours Reporting Notes You may fax applicable medical records to the Pesticide Exposure Safety and Tracking Program at 971-673-0979. Please visit the Oregon PEST Information for Health Providers website for more information. Mandated to report PhysiciansHospitalsLaboratoriesOther health professionals SENSOR partnership with NIOSH Pesticide Exposure, Safety, and Tracking Program -PEST (technical support from NIOSH): http://public.health.oregon.gov/PHD/Directory/Pages/program.aspx?pid=75 Worker's Compensation Coverage for Farmworkers Required Limitations farmworkers are not separately mentioned Statute Or. Rev. Stat. Ann. § 656.027 (2012) Coverage for Undocumented Workers Yes Case Law Or. Rev. Stat. Ann. § 656.325(5)(c) (2009) ("If the worker is a person present in the United States in violation of federal immigration laws, the insurer or self-insured employer shall cease payments pursuant to ORS 656.210 [temporary total disability] and commence payments pursuant to ORS 656.212 [temporary partial disability] when the attending physician or nurse practitioner authorized to provide compensable medical services under ORS 656.245 approves employment in a modified job whether or not such a job is available.") Benefits Available for Undocumented Workers Once an undocumented worker is approved to return to a modified job, the employer may stop paying temporary total disability and begin paying temporary partial disability whether or not a job is available to the worker. Or. Rev. Stat. Ann. § 656.325(5)(c) (2009). Total partial disability paymens are calculated to reflect a reduction for the income that the worker would have received but for their undocumented status. Hernandez v. SAIF Corp., 35 P.3d 1099, 1101 (Or. App. Ct. 2001). In Hernandez, the employer offered a position with the same hours and same wages, so the temporary partial disability payments were zero. Id., 35 P.3d at 1100. While employers must "offer" work, id., 35 P.3d at 1102, the statute does not require that the job actually be available. This means that employers can avoid paying temporary partial disability to undocumented workers simply by "offering" a comparable unavailable job that fits within the worker's medical restrictions. There is no indication in statute or case law of whether permanent benefits are available to undocumented workers. State Workers’ Compensation Website Workers' Compensation Division Online forms Forms Additional Information Hernandez v. SAIF Corp., 35 P.3d 1099 (Or. App. Ct. 2001) (finding that legislature intended employers of undocumented workers to be able to get the benefit that is available to employers of workers who are able to perform modified work, thus, undocumented workers who are physically able to perform modified work for an employer are to receive temporary partial disability payments that reflect a reduction for the income that the workers would have received but for their undocumented status). Alanis v. Barrett Bus. Servs., 39 P.3d 880 (Or. App. Ct. 2002) (holding that undocumented worker was not entitled to temporary total disability payments after he was authorized to return to work, although he was eligible for temporary partial disability payments). WP Enforcement Worker Protection Standard Enforcement Agency Oregon Occupational Safety and Health Administration: http://www.cbs.state.or.us/external/osha/subjects/pesticides.html Legal Services Referral for Violations Legal Aid Services of Oregon at 503-981-5291 (http://www.lasoregon.org/) Northwest Worker Justice Project at 503-525-8454 (http://www.nwjp.org) Oregon Law Center at 503-726-4381 (http://www.oregonlawcenter.org)